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(영문) 서울중앙지방법원 2013.12.27 2013노3291

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendant had not accumulated the victim E and F with the kitchen knife, and even if the kitchen knife had the kitchen knife;

Even if the victims commit an act to prevent the victims from assaulting themselves and forced transfer of their own goods, it constitutes self-defense or legitimate act.

2. The lower court convicted the Defendant of the facts charged in this case that the Defendant’s act cannot be deemed as self-defense in light of various circumstances, such as the means and degree of harm caused by the victims, the means, method and consequence of the Defendant’s act compared thereto, and the situation at the time of the Defendant’s knife, etc.

The court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below, i.e., ① the sub-lessee Defendant’s eviction promise several times, and rather it appears that the sub-lessee Defendant used violence, such as putting the pentle, etc. to the sub-lessee D, ② The victim’s body at the time of the interview with the fact that the Defendant does not have a face to take the kitchen gate on the front side by leaving the kitchen gate on the front side, and that there is no face to the victim’s body to take the kitchen gate on the front side. As a result, the court below’s judgment is just and acceptable, since the Defendant, not the defense, can sufficiently recognize the fact that the kitchen gate was sent to the victims with the intention of attack.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.